The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the sentence of the lower court (two million won of a fine) is too unhued.

2. Each of the crimes of this case, based on the following facts: (a) the Defendant posted a letter that slanders a certain presidential candidate on the Internet bulletin board with a view to preventing a certain presidential candidate from being elected; (b) taking into account strong propagation power and disclosure to the public by Internet media, there is a high risk of undermining the fairness of election; (c) the content that greatly damages the character of the presidential candidate; and (d) the frequency of posting up to 23 times, etc., there is a high possibility of criticism for the crime of this case.

These circumstances are disadvantageous to the defendant.

On the other hand, the fact that the defendant is recognized as committing his crime and is against the defendant, and the comments of the decision of the court of the court below prepared by the defendant are merely written in the form of comments on news posted on the Internet website, considering the contents and form of the news, it seems that the effect of the presidential election was not significant, and the fact that the defendant has no record of criminal punishment is favorable to the defendant.

In addition to this point, considering the various circumstances that are the conditions for sentencing as shown in the instant pleadings, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court within the scope of the recommended sentencing criteria is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.